iPhone 4S bought ebay is blacklisted

SuperSaverSmith
SuperSaverSmith Posts: 44 Forumite
in Ebay, auctions, car boot sales, post & parcels
Hi,

I've purchased an Apple iPhone 4S 64GB from a registered business seller on eBay UK.

I bought it Buy It Now for £450 71 days ago and I believe I am unable to file complaints or resolutions via eBay or PayPal.

I am extremely distressed with all of this as I saved up for that phone, and with the seller have 100% feedback of 1980 ratings I felt it a very confident purchase.

It was described as fully funtional and locked to Vodafone UK, I have been using it since 2nd April 2012 and today it has cut off compeltely. After hours on the phone with Vodafone they have reported it blacklisted due to fraud.

Please may you advise me what I can do to get my money back?
Thanks
«1

Comments

  • mynameistallulah
    mynameistallulah Posts: 2,238 Forumite
    What did the seller say when you contacted them?
  • SuperSaverSmith
    SuperSaverSmith Posts: 44 Forumite
    I contacted the seller about an hour ago politely asking for a refund or I would raise the matter elsewhere.

    Received no reply just yet but would like to be clued up on how to handle the situation if they refuse.
  • mynameistallulah
    mynameistallulah Posts: 2,238 Forumite
    Give them chance!

    If you get nowhere with the seller you can make a claim against them in the small claims court.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    Contract phones on certain tariffs have blocking clauses built in to the contract.
    the days were a phone was for life are over.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Buzby
    Buzby Posts: 8,275 Forumite
    As it wasn't the seller who blacklisted it, it remains a grey area as to who is to blame. Clearly you should ave good title for your purchase and to take things further you need to return your purchase to the vendor and ask them to resolve the issue or provide a full refund. Until they have the goods you are not entitled to anything.
  • terra_ferma
    terra_ferma Posts: 5,484 Forumite
    Buzby wrote: »
    As it wasn't the seller who blacklisted it, it remains a grey area as to who is to blame. Clearly you should ave good title for your purchase and to take things further you need to return your purchase to the vendor and ask them to resolve the issue or provide a full refund. Until they have the goods you are not entitled to anything.

    It's the first time I hear someone advising to return an item without the vendor's agreement, if that's what you are saying.
    Not saying you are wrong, but can you provide a reference to the relevant legislation, for information. Is it under the sales of goods act?
  • mynameistallulah
    mynameistallulah Posts: 2,238 Forumite
    Buzby wrote: »
    As it wasn't the seller who blacklisted it, it remains a grey area as to who is to blame. Clearly you should ave good title for your purchase and to take things further you need to return your purchase to the vendor and ask them to resolve the issue or provide a full refund. Until they have the goods you are not entitled to anything.

    It is good practice to agree a resolution before returning the goods. In fact, even if a case gets to hearing stage at small claims there would be no expectation that the goods had been returned yet.
  • Buzby
    Buzby Posts: 8,275 Forumite
    It is common sense, not legislation.

    You are rejecting the goods and require a resolution. If they do nothing you have a clear run at court action to recover your costs. If they resolve the problem with a different model, great. You're back in business. If they sent it back with a message that says 'tough', any court action is strengthened because your returned the goods and they were proved not to be interested in providing an amicable resolution.

    If you expect the dealer to give you your money back, whilst you still have the goods - that's just not going to happen, so whilst you can huff and puff, it is not going to speed a resolution. As for seeking permission to return it... why? Do you need a £200 paperweight?

    Of course, you will insure it in transit, and if it gets lost, there's a further option to get your money back (via compensation).

    It doesn't work, you don't want it - take the initiative, as with the goods back it may result in a speedier resolution.
  • immoral_angeluk
    immoral_angeluk Posts: 24,506 Forumite
    Combo Breaker First Post
    Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to the Ebay board, where it should get more replies. If you have any questions about this policy please email [EMAIL="forumteam@moneysavingexpert.com"]forumteam@moneysavingexpert.com[/EMAIL].
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Buzby is talking out of his hat.

    If you returned the item, and the seller refused to refund, you'd have lost both phone and money.

    Agree a return and return it, or raise a small claim if there is no response. The Sale of Goods Act requires items to be fit for purpose, and for faults arising within 6 months to be proven to be the buyer's direct fault if the seller wishes to escape liability.

    My first stop would be Consumer Direct; proper legal advice is essential, if even to stop people who know nothing about consumer law from discouraging you by imposing their version of 'common sense' on someone with a very real problem.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
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